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However,
as time past by, the personal loan fell due. Mr X still
had not repaid Mr B for his loan. Mr B started getting
restless and sought to get back his money from Mr X.
However, Mr X had no money to repay Mr B, as he needed
some time to strip the assets of PLC A, and things were
not going as smoothly as he wanted. Eventually, the
slick and smooth Mr X calmed Mr B down by assuring him
that he would get his money back if he followed his
plan. Mr X created a “loan agreement” between
PLC A, which he now controlled, and PLC B which Mr B
controlled, taking advantage of the already established
joint-venture relationship between the two companies.
Under this joint-venture agreement, PLC B was caused
to provide a loan (of an amount equivalent to the personal
loan from Mr B plus his interest) purportedly to PLC
A, as financing for their joint-venture project. While
that looked appropriate, in substance, the money paid
out of PLC B did not go to PLC A, but rather, it went
straight to Mr B’s pocket. By doing this, Mr B
managed to recover his loan plus interests from Mr X
while Mr X had successfully transferred his personal
liability to PLC A through this book debts strategy.
To camouflage this transaction, the books of both PLC
A and PLC B were cooked up via the following accounting
entries:
| Events |
Accounting
entry in
PLC A |
Accounting
entry in PLC B |
| Creation
of the “loan agreement” between PLC
A and B. |
Credit
“Liability” as money owing to joint
venture partner (PLC B) |
Debit
“Asset” as money owing by joint venture
partner (PLC A) |
| The
“missing money” from PLC B |
Debit
“Development Expenditure” account as
development cost for project |
Credit
“Cash” account as money paid out |
To
sum up it up, Mr X had managed to transfer his personal
debt to PLC A and PLC B with the use of some accounting
techniques so that only the companies bore all the costs.
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